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UNITED STATES v. TUNICA COUNTY SCHOOL DISTRICT

No. 30580.

440 F.2d 377 (1971)

UNITED STATES of America, Plaintiff-Appellee, v. TUNICA COUNTY SCHOOL DISTRICT et al., Defendants-Appellants, and The State of Mississippi et al., Defendants-Appellants. J. W. DRIVER et al., Plaintiffs-Appellees, v. TUNICA COUNTY SCHOOL DISTRICT et al., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied and Rehearing Denied April 19, 1971.

Attorney(s) appearing for the Case

John W. Dulaney, Jr., Tunica, Miss., for Tunica.

William A. Allain, James Rankin, Asst. Attys. Gen. of Miss., A. F. Summer, Atty. Gen. of Miss., Ed Davis Noble, Jr., Sp. Asst. Atty. Gen. of Miss., for the State.

H. M. Ray, U. S. Atty., Oxford, Miss., Ben Krage, Civil Rights Div., Jerris Leonard, Asst. Atty. Gen., Brian K. Landsberg, Atty., Hugh W. Fleischer, Daniel F. Rinzel, U. S. Dept. of Justice, Washington, D. C., for United States.

Robert J. Kelly, Batesville, Miss., for J. W. Driver.

Before GEWIN, BELL, and ALDISERT, Circuit Judges.

Rehearing Denied and Rehearing En Banc Denied April 19, 1971.

PER CURIAM:

The opinion of the district court in this matter is reported. United States of America v. Tunica County School District, N.D. Miss., 1970, 323 F.Supp. 1019. We affirm for the reasons set forth therein. We note that the question and manner of recovering the salaries which were wrongfully paid to the resigning teachers will require further handling...

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